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Floridalegalanswer
Floridalegalanswer, Family Law Attorney
Category: Family Law
Satisfied Customers: 427
Experience:  I am an attorney licensed in Florida capable of answering your legal questions in the area of Florida Family Law
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The noncustodial father of a three year old has moved from

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The noncustodial father of a three year old has moved from Texas to California. We are currently trying to establish a visitation schedule. Who would pay airfare and what is reasonable visitation for such a long distance? He is requesting that she visit once a month.

Floridalegalanswer :

Hi there!

Floridalegalanswer :

I would suggest to you that since it was the Father who "created" the distance by moving out of state, that he should bear the burden of the transportation costs.

Floridalegalanswer :

As for visitation, I would suggest to you that you structure the visitation around the school calendar that the child will attend. At 3 years old, the child may not be in school but will be soon. So, given that the child will be going to school in a year or two, then typically the parent's would want to "optimize" the visitation for the school breaks. So, for example, the Father might get visitation over summer break (2 months or so), Christmas break for 10 days or so, and the week of Spring Break.

Customer:

Are there any past cases to support this? Do you know of any in Texas?

Floridalegalanswer :

Additional visitation could be had if the Father were to come to Texas for a long weekend here or there. For example, Labor Day weekend or Memorial Day and weekends like that.

Floridalegalanswer :

Generally, the Texas statutes govern when the custodial parent moves with the child.

Customer:

Thank you. I guess I really needed a Texas response. However, I will take your response into consideration.

Floridalegalanswer :

My suggestion for the burden of travel expenses is due to the fact that the Father is the one who is responsible for the move. Why would the Mother be "punished" for something the Father is creating.

Customer:

Thank you.

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